Punjab & Haryana HC Dismisses PIL Challenging AIBE Fees, Follows Supreme Court Ruling

Case Name: Tushar Tanwar vs. Bar Council of India

Date of Order: 17.09.2025

Citation: CWP-PIL-123-2025 (O&M)

Bench: Chief Justice Sheel Nagu, Justice Sanjiv Berry (DB)

Held: The High Court upheld the decision of the Bar Council of India in charging examination fees for the All India Bar Examination (AIBE), relying on the recent Supreme Court ruling in Sanyam Gandhi vs. Union of India & Anr., W.P. (C) No. 288 of 2025 (decided on 02.09.2025). The Court held that charging ₹3,500 from unreserved candidates and ₹2,500 from reserved category candidates is not violative of the Constitution or the Advocates Act.

Summary: The petitioner, a practicing lawyer, challenged the action of the Bar Council of India in levying examination fees under the AIBE Rules, 2010. It was argued that such fees violate Section 24(1)(f) of the Advocates Act, 1961, as well as Articles 14 and 19(1)(g) of the Constitution. The High Court referred to the Supreme Court’s judgment in Sanyam Gandhi where it was clarified that while enrollment fees are restricted under Gaurav Kumar vs. Union of India, examination fees for conducting AIBE are permissible since they cover operational costs. Accordingly, the High Court held that the petition had become infructuous in light of the Supreme Court’s ruling.

Decision: The writ petition was dismissed as infructuous, as the Supreme Court had already upheld the legality of the AIBE examination fees.